공무원노동조합의 조직형태 변경 - 변경 전·후의 노동조합의 개념과 조직형태 변경의 허용한계 등을 중심으로 -

After the labor union structural change was introduced (Article 16, Paragraph 2) in legislating the Trade Union and Labor Relations Adjustment Act in 1997, enterprise trade unions were actively used for conversion to Industrial trade union subordinate bodies. Recently, branches or local chapters of Industrial trade union tend to be converted to enterprise trade union again, and the conversion is paid attention to as the form of structural change was used. Recently, through ‘all members of supreme court judges’ decision,’ the Supreme Court manifested the concept of labor union as the subject of structural change which had been at issue by ruling that they can decide on their structural change if branch organizations including industrial trade union’s branches, local chapters, etc. exclusively have the substantiality of so called labor union as non-corporate worker organizations. In the enforcement of the public officials’ trade union law in 2006, public officials were permitted to organize and perform labor unions. However, there have been few studies on public officials’ labor union structural changes, lacking little accumulation of sufficient cases. It is true that regulations of labor union law regarding structural change are applied for public officials’ trade union in the same way, but there is no big difference in legal issues surrounded (for example, the concept of labor union as the subject of structural change) by structural change. Still, related laws and ordinances such as the public officials’ trade union law predict special regulations on public officials’ trade union activities, and within the domain, there also is a peculiarity of structural change in public officials’ trade union. This study aimed to identify the peculiarity of structural change in public officials’ trade union. For this purpose, this study reviewed three representative cases related with structural change of public officials’ labor union. The cases comprised unique issues in public officials’ labor union such as whether outlawed trade union branches that were not established as a labor union according to the public officials’ trade union law can be the subject of structural change, and in opposition to that, whether a legal labor union can be permitted to make structural change into a outlawed trade union. Related laws including the constitutional law, public officials’ trade union law, national public officials’ law and local public officials’ law in principle prohibit public officials’ labor movement in considering public officials’ peculiarity in social standing, and protect justified activities of public officials’ labor union established according to public officials’ trade union law. As part of labor union activities, it is natural to abide by these boundaries for the structural change of public officials’ labor union. Therefore, it is said that the structural change of public officials’ labor union with no permission of labor movement under the operative laws into outlawed trade union cannot be permissible in principle as it is opposed to the purport of authorization of structural change for solidarity reinforcement, and is lacking in the justice of the objective as union activities.